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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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I work as a sole trader without contract. What is the notice

Resolved Question:

Hello,I work as a sole trader without contract.
What is the notice I should give in order to leave the company?KRMichael Tsitsikopoulos
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
I am working for that company for 23 months
Expert:  Alex J. replied 1 month ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Are you paid monthly for your work? Kind regards AJ

Customer: replied 1 month ago.
I am paid with a daily fee.
I am paid every month.
I am not getting paid if I don’t work, ie Hollidays
Expert:  Alex J. replied 1 month ago.

Thank you. As you paid monthly, I would recommend giving at least one months notice to terminate and avoid any suggestion that you are in breach of any obligation to the company. What notice period is being requested? Kind regards AJ

Customer: replied 1 month ago.
3 months
Expert:  Alex J. replied 1 month ago.

Thank you. As you are self employed and you have no written contract, I do not think they would be able to hold you to that notice period. On what basis are they asserting that?

Customer: replied 1 month ago.
No basis. Actually the contract that they proposed has 3 months notice. But I haven’t signed the contract. So, what’s the difference of having a contract or not?
Expert:  Alex J. replied 1 month ago.

Hi, Thank you. Technically you still have a contract - just a verbal one. Are you saying they presented you with a written contract that you rejected? Kind regards AJ

Customer: replied 1 month ago.
Exactly. They presented me a contract that I rejected.
Expert:  Alex J. replied 1 month ago.

Thank you. Did you reject the contract in writing (by email) - ultimately if you rejected it and started the work any way you are not bound by it - you can therefore give a months notice. That said if they sue you it is their prerogative so it will just be their word against yours, and all they will have is an unsigned contract. Kind regards AJ

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